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From the article... (Munroe is not Stern's Paternity Lawyer so he is just giving his opinion - but we all know what side Munroe is on - but Munroe also points out some facts that do not weigh in for Stern on the paternity)

http://www.jonesbahamas.com/?c=45&a=11898

The matter is now at the case management stage, during which stage the court makes orders as to discovery, filing of documents that have not yet been filed, answering of interrogatories, and other preparatory steps for trial.

Mr. Munroe explained again the matter of a DNA or paternity test; he did not think it possible under Bahamian jurisprudence for anyone to compel Mr. Stern to take a DNA or paternity test.

"If somebody wishes to discharge a burden, they can ask themselves to be tested," he said.

He told the Journal that Mr. Birkhead would have to do a paternity or DNA test on himself, and then ask the court to compare that with a sample of the baby’s DNA.

"And that’s very possible," Mr. Munroe said. "In our declaration filed as long ago as November I said that was possible here."

Asked whether it is possible in Bahamian law for anyone to compel Mr. Stern to do a DNA test, Mr. Munroe said, "I don’t see how they can. If he is not (the girl’s father) he has no further interest. What interest has he in who is (the father, if he isn’t)?

"There’s an interesting English case, where the English Court of Appeal ruled quite positively that someone in the position of Howard couldn’t be compelled for a very simple reason – he’s the presumed father. Unless somebody else can displace him its in the interest of the child to have a father."


1,841 posted on 03/13/2007 3:47:42 PM PDT by stlnative (The Queen of Spelling & Grammar Errors! - http://community.webshots.com/user/dannielynnhopebirkhead)
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To: stlnative
"There’s an interesting English case, where the English Court of Appeal ruled quite positively that someone in the position of Howard couldn’t be compelled for a very simple reason – he’s the presumed father. Unless somebody else can displace him its in the interest of the child to have a father."

That's right no one can force Stern to take a DNA test (submit his own DNA) unless someone (Larry) who is the real father of Dannielynn can displace him. Stern can be displaced once they do the DNA test on the baby. The child has the right under international law to know who her biological father is. She also has the right to her US Citizenship.
1,847 posted on 03/13/2007 3:59:54 PM PDT by stlnative (The Queen of Spelling & Grammar Errors! - http://community.webshots.com/user/dannielynnhopebirkhead)
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